The following words shall have the following meanings in these Terms & Conditions:

“Setmore Booking System” means the booking for/system where the details of the Photo Booth you wish to hire and the hire date and period.

“Customer” means the hirer, user or individual who uses a Photo Booth;

“Quote” means the quotation document for any event, issued to the hirer, that details the Photo Booth to be hired and the hire date and period;

“Force Majeure” means any event which may is beyond the reasonable control of ATG Photo Booths which shall include, without limitation, acts of God, governmental actions, fire, death. Illness or other capacity certified by a properly qualified practitioner, war or national emergency, acts of terrorism, protests, riot, civil commotion, explosion, extreme weather conditions, flood, epidemic, lock-outs, strikes or other labour disputes or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials;

“Hire Agreement” is a reference to these Terms & Conditions, any Booking Form and payments instructions provided to you.

“Hire Charge” is a reference to the charge we make for the hire of a Photo Booth to you and which is detailed in any quote we may provide you;

“Damage Deposit” is reference to the holding of a damage deposit of £100, for any loss or damage to the any photo booth equipment used and owned by ATG PHOTOBOOTHS or props utilized for the photo booths. This damage deposit will be returned within 10 days after the event minus deductions for damage or loss of props or damage to fixtures and fittings associated with any of the ATG Photo booths. If the damage or loss is greater than the damage deposit held, then this will be invoiced separately.

Hirer”, “you”, “your”, and “yours” are references to you the person hiring the Photo Booth from us;

“Hire Period” is a reference to the 3hr service period up to the latest finishing time of 10pm, which you have agreed to hire the Photo Booth and which is specified on the Setmore Booking System or a Quote. We agree to have a Photo Booth operational for a minimum period of 80% of the hire period; occasionally we may need to interrupted the hire for maintenance of the Photo Booth.;

“Photo Booth” means the Photo Booth which we have agreed to hire to you in accordance with these terms & Conditions. On rare occasions we may have to substitute the Photo Booth for another, You will be notified of this rare occasion immediately. If the substitute Photo Booth is not suitable, then We will Refund, full amount as long as the failure to provide the Original Booked Photo Booth is Our fault;

“Extended Hours” means additional hours added onto the original package. These extended hours can be purchased prior to the event, or at the time of the event. Up to the latest finishing time of 10pm.

“Idle Time” means any period of time where the client requires the Photo Booth to be at the event, but not operational. Idle Hours are chargeable.

“Terms & Conditions” means the Terms & Conditions of hire of the Photo Booth as set out in this document; and

“ATG Photo Booths”, “us”, “we”, “our” means ATG Photo Booths.

“Agreement to Online terms & Conditions

When hiring a Photo Booth from us you do so in accordance with this Hire Agreement. You are deemed to have accepted the Terms & Conditions and the Hire Charge for the hire of the Photo Booth, and other terms such as the extended hours, idle time, after midnight hours, which have been quoted to you at the time of placing your order, or subsequent alteration of times relating to the hire.

Any contract for the hire of the Photo Booth is between you and ATG Photo Booths.

These Terms & Conditions will remain in place on the website and can be accessed by you at any time. The Terms & Conditions displayed on the website at the time of booking your event shall apply to your booking. We reserve the right to amend or update our Terms & Conditions at any time and any subsequent bookings made by you shall be governed by such terms. We reserve the right to alter our pricing on our literature and website at any time without prior warning but this will not affect bookings which have been confirmed by us.

“Bookings”

Making a Booking

If you wish to make a booking you must accept the email Quote by email or verbal confirmation. On acceptance, it is deemed that you have read and accepted these Terms & Conditions. All details stated on the Setmore Booking System will be accepted by us as correct including spelling, punctuation and grammar, unless you notify us otherwise verbally or in writing. Any costs that we incur as a result of relying on incorrect information supplied by you must be reimbursed by you.

Payment

In order to secure your booking a deposit of £50 quoted to you at the time of placing your order (or such other amount as we may agree with you) must be paid. Once the Setmore Booking System has been completed and the Hire Charge Deposit has been received we will notify you that you booking is confirmed. Failure to make payment of the Hire Deposit, within 1 week of the order, the booking will be cancelled and any discounts applied will be cancelled.

The Balance of the Hire Charge shall be paid 60 days prior to the commencement of the Hire Period. You will be prompted by email to pay any balance by the due date. Failure to pay such balance by the due date will (at our discretion) result in the cancellation of your order. Any extra costs or services that have been added outside of the original quote and between payment of the deposit and completion of the hire period will be invoiced separately.

Failure to pay on time will result (at our discretion) in late payment charges equivalent to the interest on the late payment which shall be calculated on a daily basis at a rate of 5% over our Bank’s lending rate from the date the payment was originally due until the date of actual payment.

We may also instruct a debt collection agency or solicitor to collect payment (including any interest and/or late payment charges) on our behalf. In such circumstances you will be liable to pay an additional sum to us which will not exceed the reasonable costs that we may incur to pay the debt collection agency or solicitor, who will add the sum to your outstanding debt on our behalf.

You are not entitled to a refund of any part of the Hire Charge, where the Hire Charge Period has ended early due to the Photo Booth being damaged. Lost or stolen during the Hire Period or any breach by you of these Terms & Conditions.

Cancellation

In the event that you decide to cancel your booking you must notify us immediately in writing. The £50 deposit paid to secure the booking is non-refundable unless deemed otherwise subject to the discretion of ATG Photo Booths.

The following Cancellation Charges will apply:

If a booking is confirmed less than 7 days prior to the Start Date, then You may not cancel the Booking and the full amount will be due;

If a booking is confirmed more than 30 days prior to the start date, but You cancel it within 30 days of the Booking period then the deposit will be refunded and no charge will be made;

If You cancel the booking after 30 days of confirmation, but more than 6 months prior to the Start Date, then You will have to pay 10% of the Total Price for the services;

If You cancel the Booking after 30 days of confirmation, but between 151-180 days before the Start Date then You will have to pay 40% of the Total Price for the services;

If You Cancel the Booking after 30 days of confirmation, but between 121-150 days before the Start Date then You will have to pay 50% of the Total Price for the services;

If You cancel the Booking after 30 days of confirmation, but between 91-120 days before the Start Date then You will have to pay 60% of the Total Price for the services;

If You cancel the Booking after 30 days of confirmation, but between 61-90 days before the Start Date then You will have to pay 70% of the Total Price for the services;

If You cancel the Booking after 30 days of confirmation, but less than 60 days before the Start Date then You will have to pay 100% of the Total Price for the services.

At your option and provided you give us more than 60 days’ notice of cancellation you may cancel the booking and request that the deposit is transferred to an alternative booking (Subject to availability)

Graphics & Art Work

Templates will be provided by us, should you want the Photos to be customized with graphics. Artwork should be provided by you in a print ready format as specified for templates. ATG Photo Booths cannot be held responsible for any shortcoming or mistakes in the artwork that you supply. ATG Photo Booths can provide a basic artwork service but we do not accept any responsibility for editing or proofing of artwork provided. ATG Photo Booths only act as an intermediary between you the client and our Graphic Designers. Any requests for bespoke design of Photo Booth templates, must be given to us, well in advance of your booked event. No Bespoke Template will be designed for your event, if submitted 2 weeks prior to the event (except in certain circumstances i.e. late booking) Failure to email a confirmation of the proof template by you to us, will result in no Bespoke Template for your event and a stock ATG Photo Booth template will be used.

Basis of Hire

Photo Booths hired from us must only be used in accordance with these Terms & Conditions.

The Hire Period for the Photo Booth is for the Period specified on the Setmore Booking System. This Hire Agreement is not covered by the Consumer Credit Act, 1974 as the Hire period is less than 3 months.

The Hire Period shall commence and end on the times and dates specified on the Setmore Booking System. No extension to the hire period is permitted without our express written consent and receipt by us of the appropriate charge. The latest finishing time will be 10pm.

If we are unable to install the Photo Booth on time due to access restrictions the Hire Period will remain unchanged. If your event simply starts late or runs late, the Hire period will remain unchanged unless we agree to provide additional hours or to simply delay our planned start.

If we are unable to Install the Photo Booth at the Venue due to occurrences on route to your venue (accident, illness, breakdown or any other unforeseeable occurrence, due to the actions of us) then we will refund the full amount for the package paid.

Setup and Use of the Photo Booth

ATG Photo Booths requires a maximum of one hour to set up and test the Photo Booth Correctly. If you require the Photo Booth to be setup but not operational, this is subject to an Idle Timecharge and will be quoted upon order. It is up to you to ensure that all consents and approvals have been obtained to ensure that ATG Photo Booths are permitted access to setup the Photo Booth at the requested location. It is also your responsibility to ensure that level stable ground is available and that the Photo Booth is sited within easy access to an electricity supply and that you have the necessary consent and approval of the venue. ATG Photo Booths cannot be held responsible if for any of the above reasons we cannot setup the Photo Booth on time for your event.

You must ensure that the space provided for the Photo Booth is suitable. Olive the Horse Box requires a minimum of 15ft x 12ft. Edna the caravan requires a minimum of 15ft x 12ft and that an adequate power supply is provided. The Vintage Open Booth, will require a minimum of 12ft x 12ft and an adequate power supply. All Booths must have easy in and out access, so that we cause the least distruption, when setting up or taking down the booths.

Risk and Ownership of the Photo Booth

Full ownership in the Photo Booth shall remain fully vested in us at all times. You have no right, title or interest in the Photo Booth other than that you are entitled to hire the Photo Booth for the Hire Period.

You are responsible for the Photo Booth from the time at the commencement of the hire period until the end of the hire period and responsible for the actions of others who use the Photo Booth during that hire period.

You are not permitted to hire, sub-let, sell or lend the Photo Booth at any time during the hire period.

You must obtain and maintain adequate insurance to cover the Photo Booth against Fire, theft loss or damage at all times during the hire period.

You hereby indemnify us against any losses, costs, damages or expenses that we may reasonably incur as a result of your breach of any of these Terms & Conditions and any loss or damage caused to the Photo Booth.

Termination of Hire

ATG Photo Booths will not tolerate any abuse or threatening behavior to any of our staff or abuse of the Photo Booth or equipment. If this occurs ATG Photo Booths retain the right to terminate the hire immediately. This applies equally to you and your guests. ATG Photo Booths may terminate the hire in cases where our staff are of reasonable view that the equipment belonging to ATG Photo Booths is in danger of being damaged or has been damaged due to the actions or unruly behavior of the people using the Photo booth(s). You must also acknowledge that ATG Photo Booths has the right to decline the services of the Photo Booth to your guests (invited or uninvited), for misuse, inappropriate photos, unruly behavior or being drunk and incapable. Wherever possible and reasonable to do so we will speak with you or the venue first to try to resolve the matter before the termination is enacted. If we do terminate, for any reason, the full Hire Charge will remain due and we will not issue any refunds for any period of hire not provided. Moreover, you will be fully responsible for any damages caused by you or your guests or other attendees at your event to the Photo Booth and or equipment howsoever caused, with the sole exclusion of damage caused by an ATG Photo Booth Staff member. Any loss of or damage to props or equipment or Photo booth will be deducted from the Damage Deposit. If any loss, damage to props or equipment exceeds the damage deposit fee, then you will be invoiced for the replacement of any lost damaged props or equipment including cost and labour. Any invoiced cost must be paid within 10 days of the event.

We also reserve the right to terminate the Hire Agreement at any time if you are declared bankrupt, enter into any arrangements with your creditors, or being a company, go into liquidation or are wound-up, or being in partnership, is dissolved or if, in our reasonable opinion, one of the aforementioned events is likely to occur.

We shall also be entitled to terminate the hire immediately where we have reasonable grounds to believe that you have acted in breach of this hire agreement.

Privacy Policy

Data Capture

The Photo Booth may be setup to capture certain customer data at the request of the customer. Customers will be notified of this at the time.

Facebook/Twitter

Where the Hirer has agreed for Facebook upload, you or any guest who uploads their photo accepts that there will be a reference to ATG Photo Booths as this is the name of the Photo Booth and is the policy of Facebook to reference it.

You or any person, who uses the facility of uploading photo’s to any social media do so at their own risk and all will indemnify ATG Photo Booths, against any misuse of inappropriate photo’s or behavior which have been created by using the Photo Booth.

Photograph Usage and Ownership

All photos taken by the Photo Booth will be uploaded to a photo Gallery unless you state otherwise. This Gallery will be password protected and the password will only be given to you.

Photos taken by the Photo Booth during an event may be used to assist with promotion of ATG Photo Booths.

Copyright

You will receive a USB Memory Stick at the end of your event, which will contain all customized images and all original images from your event. We retain the copyright of any photographs taken at the Photo Booth, but the hirer shall have license to use any such photographs for their own purposes.

Limitation of Liability

We disclaim any and all liability to you for the supply of the Photo Booth to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the Hire Charge you have paid. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.

We shall not be held liable for any failure or delay in performing the service and hiring the Photo Booth where such failure arises as a result of a Force Majeure event. In such circumstances our liability shall be limited to a pro rata refund of the deposit where applicable.

You will indemnify us against any and all liability related to your event, during and after your event. You will indemnify us from the time of service and on into the future, against any liability associated with you.

You will indemnify us against any liability associated with the use of the photographs taken by the Photo Booth and its representatives, employees or affiliates at your event.

You, hereby release, discharge and agree to maintain us free from any liability arising from the taking of said photographs or any subsequent processing or publication thereof including without limitation, any claims or liable or invasion of privacy. All persons using the Photo Booth at your event, hereby give us the right and permission to copyright and reproduce or otherwise use any of the photographs of any Photo Booth user who may be included in whole or part, via any and all media now or hereafter for illustration, art promotion, advertising, trade, or for any other purpose.

We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to property and/or loss from claims of third parties arising out of the hire of the Photo Booth. We do not make ant representation or guarantee that use of the Photo Booth in any promotional context will generate revenue or customers for you or your business.

We shall not be liable for any misrepresentations other than fraudulent misrepresentations.

Nothing in this Hire Agreement shall limit our liability for personal injury or death arising as a direct result of our negligence.

ATG Photo Booth Staff

Staff supplied by ATG Photo Booths are for the sole purpose of providing technical support and hosting (management of operating the Photo Booth and people using the Photo Booth) ATG Photo Booth Staff should not be requested to undertake any additional functions at your event without first obtaining our consent.

General

We may subcontract any part or parts of the services that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms & Conditions without your consent or any requirement to notify you.

We may alter or vary the Terms & Conditions at any time without notice to you.

The Hire Agreement constitutes the entire agreement between you and us. No other terms whether expressed or implied shall form part of this contract. In the event of any conflict between the Hire Agreement and any other term or provision, this Hire Agreement shall prevail.

If any term or condition of the Hire Agreement or these terms and Conditions shall be deemed invalid, illegal or enforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the terms shall continue in force without such term or condition.

This hire Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.

No delay or failure on our part to enforce our rights or remedies under the Hire Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

It is not intended that the undertakings and obligations of the parties set out in this Hire Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.

To accept and agree with these Terms & Conditions, please return this document with an Electronic Signature. This binds you and ATG Photo Booths to The laid out Terms & Conditions of the hire.